The Star Entertainment QLD Ltd v Wong Yew Choy: Gambling Debt, Illegality & Public Policy
In The Star Entertainment QLD Ltd v Wong Yew Choy, the Singapore International Commercial Court dismissed The Star Entertainment's claim against Wong Yew Choy for approximately AUD $43 million in gambling losses. The court, presided over by Jeremy Lionel Cooke IJ, held that Section 5(2) of the Civil Law Act bars actions to recover gambling debts, regardless of where the debt was incurred or the governing law of the contract. The court rejected the argument that Singapore's public policy should not apply to a valid foreign debt, emphasizing that the Act is procedural and prevents the Singapore courts from enforcing gambling debts.
1. Case Overview
1.1 Court
SINGAPORE INTERNATIONAL COMMERCIAL COURT1.2 Outcome
Action dismissed.
1.3 Case Type
Civil
1.4 Judgment Type
Judgment
1.5 Jurisdiction
Singapore
1.6 Description
Singapore court bars The Star Entertainment from recovering gambling losses from Wong Yew Choy due to Section 5(2) of the Civil Law Act.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| The Star Entertainment QLD Ltd | Plaintiff | Corporation | Claim Dismissed | Lost | Lim Than Lim Alfred, Lye May-Yee Jaime, Verna Goh |
| Wong Yew Choy | Defendant | Individual | Claim Dismissed | Won | Vergis S Abraham, Lim Mingguan |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Jeremy Lionel Cooke | International Judge | Yes |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Lim Than Lim Alfred | Fullerton Law Chambers LLC |
| Lye May-Yee Jaime | Fullerton Law Chambers LLC |
| Verna Goh | Fullerton Law Chambers LLC |
| Vergis S Abraham | Providence Law Asia LLC |
| Lim Mingguan | Providence Law Asia LLC |
4. Facts
- The Plaintiff is a company that operates a casino in Queensland, Australia.
- The Defendant is a Singapore citizen who gambled at the Plaintiff's casino.
- The Defendant signed a Cheque Cashing Facility agreement with the Plaintiff.
- The Defendant incurred gambling losses of approximately AUD $43 million.
- The Plaintiff presented a blank replacement cheque to cover the losses, but the Defendant stopped payment.
- The Plaintiff sued the Defendant in Singapore to recover the gambling losses.
- The Defendant argued that Section 5(2) of the Civil Law Act barred the claim.
5. Formal Citations
- The Star Entertainment QLD Ltd v Wong Yew Choy, Suit No 3 of 2019, [2020] SGHC(I) 15
6. Timeline
| Date | Event |
|---|---|
| Defendant provided a blank cheque to The Star Sydney. | |
| Defendant began gambling at The Star Gold Coast. | |
| First dealing error occurred at the casino. | |
| Plaintiff provided a letter of apology to the Defendant. | |
| Defendant departed from The Star Gold Coast. | |
| Plaintiff completed the details for the Blank Replacement Cheque. | |
| Suit No 3 of 2019 filed in the Singapore International Commercial Court. | |
| Court hearing. | |
| Judgment issued. |
7. Legal Issues
- Enforceability of Gambling Debts
- Outcome: The court held that Section 5(2) of the Civil Law Act bars the enforcement of gambling debts in Singapore, regardless of where the debt was incurred or the governing law of the contract.
- Category: Substantive
- Sub-Issues:
- Application of Section 5(2) of the Civil Law Act
- Public policy considerations regarding gambling debts
- Enforcement of foreign gambling debts
- Related Cases:
- [2002] 1 SLR(R) 306
- [1999] 2 SLR(R) 183
- Summary Judgment
- Outcome: The court dismissed the Plaintiff's application for summary judgment, finding that there were triable issues of fact that could not be resolved without cross-examination of witnesses.
- Category: Procedural
- Sub-Issues:
- Triable issues of fact
- Credibility of affidavit evidence
- Striking Out a Claim
- Outcome: The court granted the Defendant's application to strike out the Plaintiff's claim, finding that it had no prospect of success due to Section 5(2) of the Civil Law Act.
- Category: Procedural
- Sub-Issues:
- Reasonable cause of action
- Abuse of process
8. Remedies Sought
- Monetary Damages
9. Cause of Actions
- Breach of Contract
- Action on a dishonoured cheque
10. Practice Areas
- Commercial Litigation
- International Law
11. Industries
- Gambling
- Hospitality
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| Star City Pty Ltd v Tan Hong Woon | Singapore Court of Appeal | Yes | [2002] 1 SLR(R) 306 | Singapore | Cited as a key authority establishing that Section 5(2) of the Civil Law Act prevents the recovery of gambling debts in Singapore, regardless of the location where the debt was incurred or the governing law of the contract. |
| Star Cruise Services Limited v Overseas Union Bank Limited | Singapore High Court | Yes | [1999] 2 SLR(R) 183 | Singapore | Cited for the principle that Section 5(2) of the Civil Law Act is a procedural statute that applies to all actions brought in Singapore, irrespective of where the cause of action arose. |
| Las Vegas Hilton Corp v Khoo Teng Hock Sunny | Singapore High Court | No | [1996] SLR(R) 589 | Singapore | Cited as a case that was later disapproved for not fully considering the implications of Section 5(2) of the Civil Law Act. |
| Liao Eng Kiat v Burswood Nominees Limited | Singapore Court of Appeal | No | [2004] 4 SLR(R) 690 | Singapore | Cited as a case that was later criticized for its interpretation of public policy in relation to gambling debts and foreign judgments. |
| Poh Soon Kiat v Desert Palace Inc | Singapore High Court | Yes | [2010] SLR 1129 | Singapore | Cited for its extensive discussion of the public policy underlying Section 5(2) of the Civil Law Act and its criticism of the Burswood decision. |
13. Applicable Rules
| Rule Name |
|---|
| Rules of Court |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| Civil Law Act | Singapore |
| Bills of Exchange Act | Singapore |
| Reciprocal Enforcement of Commonwealth Judgments Act | Singapore |
| Casino Control Act | Singapore |
| Common Gaming Houses Act | Singapore |
| Betting Act | Singapore |
| Remote Gambling Act 2014 | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Gambling Debt
- Cheque Cashing Facility
- Blank Replacement Cheque
- Section 5(2) Civil Law Act
- Public Policy
- Gaming Losses
- Wager
- Casino
- Rules of Court
- Summary Judgment
- Strike Out
15.2 Keywords
- Gambling
- Casino
- Debt
- Singapore
- Civil Law Act
- Contract
- Enforcement
- Wager
- Cheque
- Public Policy
16. Subjects
- Contract Law
- Gaming Law
- Civil Procedure
- Conflict of Laws
- Debt Recovery
17. Areas of Law
- Contract Law
- Civil Procedure
- Gaming Law
- Conflict of Laws